The Judicial Response to Psychopathic Criminals: Utilitarianism over Retribution‪.‬

For centuries, mentally ill criminals have proved themselves a grave difficulty for the judicial system. (1) However, recent advances in science and psychology have provided a better understanding of the effects of various mental disorders and diseases. (2) With this enhanced knowledge, the courts must now decide how to utilize and react to these diagnoses of dangerous defendants. This Note will specifically address the issue of psychopathy by defining the disorder, explaining its correlation to criminal behavior and discussing possible responses from the justice system, namely in terms of sentencing. I. TRAITS OF PSYCHOPATHY